Mandated reporters

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  1. (a) An individual listed as a mandated reporter under subsection (b) of this section shall immediately notify the Child Abuse Hotline if he or she:

    1. (1) Has reasonable cause to suspect that a child has:

      1. (A) Been subjected to child maltreatment;

      2. (B) Died as a result of child maltreatment; or

      3. (C) Died suddenly and unexpectedly; or

    2. (2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.

  2. (b) The following individuals are mandated reporters under this chapter:

    1. (1) A child care worker or foster care worker;

    2. (2) A coroner;

    3. (3) A day care center worker;

    4. (4) A dentist;

    5. (5) A dental hygienist;

    6. (6) A domestic abuse advocate;

    7. (7) A domestic violence shelter employee;

    8. (8) A domestic violence shelter volunteer;

    9. (9) An employee of the Department of Human Services;

    10. (10) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment;

    11. (11) A foster parent;

    12. (12) A judge;

    13. (13) A law enforcement official;

    14. (14) A licensed nurse;

    15. (15) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons;

    16. (16) A mental health professional or paraprofessional;

    17. (17) An osteopath;

    18. (18) A peace officer;

    19. (19) A physician;

    20. (20) A prosecuting attorney;

    21. (21) A resident intern;

    22. (22) A public or private school counselor;

    23. (23) A school official, including without limitation institutions of higher education;

    24. (24) A social worker;

    25. (25) A surgeon;

    26. (26) A teacher;

    27. (27) A court-appointed special advocate program staff member or volunteer;

    28. (28) A juvenile intake or probation officer;

    29. (29) A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent the clergy member:

      1. (A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or

      2. (B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission;

    30. (30) An employee of a child advocacy center or a child safety center;

    31. (31) An attorney ad litem in the course of his or her duties as an attorney ad litem;

    32. (32)

      1. (A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Places, United Family Services, Inc., or Centers for Youth and Families.

      2. (B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

    33. (33) A rape crisis advocate or rape crisis volunteer;

    34. (34)

      1. (A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Places, United Family Services, Inc., or Centers for Youth and Families.

      2. (B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

    35. (35) A victim/witness coordinator;

    36. (36) A victim assistance professional or victim assistance volunteer;

    37. (37) An employee of the Crimes Against Children Division of the Division of Arkansas State Police;

    38. (38) An employee of a reproductive healthcare facility;

    39. (39) A volunteer at a reproductive healthcare facility;

    40. (40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital; and

    41. (41) A Child Welfare Ombudsman.

  3. (c)

    1. (1) A privilege or contract shall not prevent a person from reporting child maltreatment when he or she is a mandated reporter and required to report under this section.

    2. (2) An employer or supervisor of an employee identified as a mandated reporter shall not prohibit an employee or a volunteer from directly reporting child maltreatment to the Child Abuse Hotline.

    3. (3) An employer or supervisor of an employee identified as a mandated reporter shall not require an employee or a volunteer to obtain permission or notify any person, including an employee or a supervisor, before reporting child maltreatment to the Child Abuse Hotline.

  4. (d) A mandated reporter who in good faith notifies the Child Abuse Hotline in accordance with subsection (a) of this section is immune from civil and criminal liability.


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